Allahabad HC orders ₹8 lakh compensation for loss of unborn child after pregnant woman dies in train accident

The Allahabad High Court has ordered the Indian Railways to pay ₹8 lakhs as compensation for the death of a foetus who was in the womb of a pregnant woman who died while boarding a train in 2018 [Shri Sukhnandan v Union of India].

A Railway Claims Tribunal in 2025 had ordered a compensation of ₹8 lakhs for the death of the woman, who was set to travel aboard the Marudhar Express from Barabanki to Bandikul Railway Station.

The family members of the woman later moved the High Court for the grant of additional compensation for the death of the woman's foetus, estimated to be about 8-9 months in the womb.

Relying on the Supreme Court's ruling in Kamna Sharma v. Union of India, Justice Prashant Kumar ruled that an unborn child aged five months and above in the mother's womb can be treated as equal to a child in existence.

“Therefore, human foetus to whom personhood could be attributed was also destroyed in the accident in the instant case; had the accident not occurred the unborn child would have survived and seen the light of the day,” the Court said in a ruling dated February 26.

The Court found that the rights of a child in the mother’s womb are well protected by the laws of the land, as the foetus is another life in the pregnant woman. The loss of the foetus is actually a loss of a child, the Court opined.  

“The unborn child to whom the live birth never comes is held to be a 'person' who can be the subject of an action for damages for his death. The appellants are, therefore, entitled to compensation for the loss of foetus independently treating the foetus as a child,” the Bench added.

The Court also noted that although the word “foetus” is not specifically mentioned under the Railways Act, the present case would fall within the ambit of Section 124A of the Railways Act, as the death occurred as a result of an untoward incident arising out of a railway accident.

The Railways, therefore, was held to have a statutory liability to pay compensation to the claimants in case of such a death, the Court said.

“Since the foetus is treated as a child, hence death of a foetus/child would be treated as an independent accident apart from the death of the mother. Thus, the claimants are also entitled to get the additional compensation of Rs.8,00,000 for the loss of foetus,” the Court ruled.

Earlier, the Karnataka High Court, the Madhya Pradesh High Court and the Andhra Pradesh High Court took a similar view that the death of a foetus should be considered as equal to the death of the child for the purpose of assessing compensation. These judgments were cited by the Allahabad High Court as well in its February ruling.

Advocates Pradeep Kumar Singh, Amit Kumar and Amrita Singh represented the petitioner.

Advocate Mahendra Kumar represented the Indian Railways.

[Read Judgment]